(a) Except for special right-of-way permittees for residential purposes, any right-of-way permittee (or any other person that has constructed, installed, or maintained any facilities or structures in the public right-of-way) shall be responsible for removing any such facilities or structures that are abandoned, as defined by Section 1026.01(a), or if a permittee discontinues use, as defined by this section.
(b) Except for special right-of-way permittees for residential purposes, any right-of-way permittee (or any person that has constructed or installed any facilities or structures within the public right-of-way) that intends to discontinue use of any facilities or structures within the rights-of-way shall submit a written notice to the Director of Public Service or his/her designee describing the portion of the facilities to be discontinued and the date of discontinuance, which date shall not be less than thirty days from the date such notice is submitted to the Director of Public Service or his/her designee. No person shall remove, destroy, or permanently disable any such facilities or structures without the written approval of the Director of Public Service or his/her designee. The permittee shall remove and secure such facilities as set forth in the notice unless directed by the Director of Public Service or his/her designee to abandon such facilities in place.
(c) Upon obtaining approval by the City in writing to leave existing facilities in place under division (b) of this section, full title and ownership of such discontinued facilities shall pass to the City without the need to pay compensation to the permittee. The permittee shall, however, continue to be responsible for all taxes on such facilities or other liabilities associated therewith, until the date the same was accepted by the City.
(d) Any permittee or person who is authorized or directed to remove or rearrange facilities or structures from the right-of-way under this section shall comply with the requirement for excavations that are set forth in Chapter 1024 of the Fairlawn Codified Ordinances, including all requirements for restoration of the pavement and restoration of all other parts of the public right-of-way where the facilities or structures were removed or rearranged.
(e) Should any permittee or other person fail to remove or rearrange any abandoned or discontinued facilities at the Director of Public Service or his/her designee's request, the City may, at its option and in addition to the imposition of any penalties or other remedies hereunder, undertake or cause to be undertaken, such necessary removal or rearrangement. The City shall have no liability for any damage caused by such removal or rearrangement and the permittee shall be liable to the City for all costs incurred by the City in such removal or rearrangement.
(Ord. 2016-080. Passed 10-17-16; Ord. 2018-029A. Passed 7-16-18.)